Perjury is a serious crime that occurs when someone knowingly provides false statements under oath. Individuals are expected to speak the truth, whether testifying in court, submitting an affidavit, or making statements in official proceedings. Any deliberate misrepresentation of facts can result in perjury charges, which carry severe legal consequences.
Understanding Florida’s perjury laws is crucial for anyone involved in the legal system. Even an unintended misstatement can be scrutinized, and prosecutors must prove that the false statement was made knowingly and willfully.
Perjury is a felony in Florida. The potential penalties depend on the context of the false statement—whether in a criminal trial, civil proceeding, or other legal setting. Depending on the circumstances, a conviction can lead to substantial fines and even years of imprisonment.
Skilled legal representation is essential if you or a loved one face perjury charges. Hager & Schwartz, P.A. has extensive experience defending individuals accused of perjury in Fort Lauderdale. Contact us for a free consultation to discuss your case and explore your legal options.
What Is Perjury in Florida?
Florida’s perjury statute (Florida Statutes § 837.02) provides that the offense occurs when an individual knowingly makes a false statement while under oath during an official proceeding. The key element of perjury is intent—the person making the statement does not believe it to be true when it is made.
This crime is taken seriously because the integrity of legal and governmental processes relies on truthful testimony. False statements can mislead courts, disrupt investigations, and ultimately result in wrongful convictions or unjust legal outcomes.
Perjury in Criminal and Civil Cases
Florida law recognizes perjury as an offense that can arise in criminal and civil cases.
The statute applies broadly to any false testimony given in official proceedings, which include:
- Court hearings and trials (criminal or civil)
- Legislative inquiries
- Administrative hearings before government agencies
- Sworn statements given to officials such as hearing officers, commissioners, or administrative law judges
An individual commits perjury when they knowingly provide false information in these settings after formally acknowledging they are under oath. This requirement ensures that the person understands they are legally bound to tell the truth before testifying.
Key Elements of a Perjury Conviction
For a perjury conviction, prosecutors must prove beyond a reasonable doubt that the individual deliberately provided false testimony. The law does not punish mere mistakes or misunderstandings.
The prosecutor must prove the following elements:
- The statement was made during an official proceeding. The testimony or declaration must occur in a formal setting where legal or governmental decisions are made. Examples include criminal trials, civil hearings, depositions, and affidavits.
- The person was under oath. The accused must have been sworn in or formally acknowledged that they were testifying under penalty of perjury. Oaths are legally binding and affirm that all statements given are truthful.
- The person made a false statement that they did not believe was true. The prosecution must demonstrate that the individual knowingly provided false information. While it would not constitute perjury if someone misspoke or made an error in good faith, deliberate falsehood is criminal.
- The statement pertained to a material matter. The false statement must be significant to the case or legal proceeding. A material matter could influence the outcome of the proceeding or affect a decision made by the court, jury, or other officials.
One important aspect of Florida’s perjury law is that the accused does not need to know whether their statement was material to the case. Even if a person mistakenly believes their false testimony is irrelevant, they can still be convicted of perjury if it pertains to a material matter. This eliminates a potential defense based on a lack of knowledge about the statement’s significance.
What Is the Penalty for Perjury?
The penalties for perjury can be severe, depending on the circumstances in which the false statement was made. Whether in a civil lawsuit or a criminal trial, lying under oath can lead to felony charges, significant fines, and even years of imprisonment.
The Penalties for Perjury in a Civil Case
Under Florida law, a person who commits perjury during a civil proceeding can be charged with a third-degree felony.
If convicted, the defendant may face:
- Up to five years in prison
- Fines of up to $5,000
- Additional penalties, such as probation or community service
Even though civil cases do not involve criminal accusations, the court still relies on truthful testimony to ensure fair rulings. Providing false information under oath can mislead judges, impact verdicts, and undermine the justice system. Florida law treats perjury as a felony, regardless of the type of case.
Perjury in Criminal vs. Civil Proceedings
Perjury is legally the same in criminal and civil proceedings: knowingly making a false statement while under oath. In most situations, it is a third-degree felony, whether the false statement was made in a civil lawsuit, a family law case, or a criminal trial.
However, the consequences become even more severe when perjury occurs in the prosecution of a capital felony case—meaning a case where the defendant is facing the death penalty or life in prison.
In such cases, perjury is elevated to a second-degree felony, which carries:
- Up to 15 years in prison
- Fines of up to $10,000
The increase in penalties reflects the seriousness of perjury in high-stakes criminal trials, where false testimony could wrongfully convict or exonerate an individual facing life-altering consequences.
Why You Need a Criminal Defense Attorney
Perjury carries severe legal consequences that can affect every aspect of your life. The punishment for lying in court includes felony charges, significant fines, and even years in prison. The complexities of perjury cases make them challenging to navigate without skilled legal representation.
A lawyer can:
- Examine the details of your case, including the testimony and context in which it was given.
- Review court records and official transcripts to determine whether the alleged false statement was material to the case.
- Speak with witnesses and gather evidence to challenge the prosecution’s claims.
- Develop a strong defense strategy, which could include proving that the statement was misunderstood, taken out of context, or not knowingly false.
A successful defense against perjury often hinges on intent. The law requires that a person knowingly and willfully made a false statement, meaning that innocent mistakes, misremembered details, or misunderstandings do not constitute perjury.
A defense attorney can challenge the prosecution’s case by:
- Highlighting inconsistencies in how the false statement was presented.
- Proving that the accused believed their statement was accurate when it was made.
If you are being investigated for or have been charged with perjury, you need an aggressive legal advocate. At Hager & Schwartz, P.A., our attorneys recognize the complexities of Florida’s perjury laws and can develop a strong defense to protect your rights and future.
Your defense starts now—reach out for a confidential consultation and take the first step in protecting your rights.
